Item 7B~.
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AGENDA ITEM # 7B
JANUARY 8, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposed Changes to Chapter 23 Vegetation, Article II. Tree Protection
SUBMITTED BY: Rick Carper, P.E., Director of Public Works~~
DATE: November 15, 2006
BACKGROUND: At the July 24th Commission Meeting, the Commission directed staff to
prepare an ordinance making administrative changes to the Tree Protection
~' ordinance. At the November 27~h meeting, the Commission requested additional
research to determine a defensible value for the clear cutting fine that would be a
deterrent to un-permitted tree removal.
Staff used two methods of determining a rational increase to the clear cutting
fine: 1) the increase in the taxable value of unimproved land in Atlantic Beach
since the fine was first implemented in February 1996. From the Duval County
Property Appraiser's Office, this value was determined to be a factor of
approximately 4.3. Multiply this factor times the current $1/SF yields a fine of
$4.30/SF; and 2) A review was made of the existing tree canopy on numerous
undeveloped lots in Atlantic Beach to determine an average tree density. This
average density was multiplied by the tree mitigation fee of $117/inch to get
approximately $3/SF to legally clear a lot. Doubling this number to achieve a
deterrent yields a recommended fine of $6/SF (see attachment 2).
Changes are summarized below:
"" 1. Adds enhancement of City rights of way and easements and xeriscaping
and use of native species to Tree Ordinance Intent;
2. Deletes reference to Community Development Director as City
~°'" representative responsible for administering building and site clearing permits;
3. Requires Tree Permit for removal of public protected trees by residents;
-4. Allows replacing protected oaks with hardwood trees yielding similar -~
~+• canopies, with Tree Board concurrence;
5. Increases fine for `clear cutting' a lot without permit from $1 per square
foot of land cleared to $5 per square foot;
~, 6. Adds a $50 reinspect fee when a city inspector issues a notice of
corrections;
7. Adds definition of "clear cutting" for fine purposes (new addition since
«~. previous submission).
RECOMMENDATION: Approve on first reading the recommended changes to Chapter 23
Vegetation, Article II. Tree Protection
BUDGET: No budget impact
'"" ATTACHMENTS: 1. Draft Ordinance no 95-06-92
2. Tree Density Review
~- REVIEWED BY CITY MANAGER:
,,~„ January 8~h Regular Meeting
ORDINANCE NO. 95-06-92
AGENDA ITEM # 7B
JANUARY 8, 2007
'" AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING THE CODE OF ORDINANCES,
CHAPTER 23, VEGETATION, SEC. 23-15 INTENT, SEC 23-16
DEFINITIONS, AND SEC. 23-17 APPLICABILITY, ETC., AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMIVIISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: The following provisions of Sections 23-15, 23-16 and 23-17 of
the Code of Ordinances of the City of Atlantic Beach, Florida, are hereby amended to
read as follows:
"(a) Sec.23-15.Intent.
(5) Increase and maintain the value of land by requiring a minimum
~`" number ~ of trees to be incorporated into development; enhancement of City
right-of--ways and easements with tree canopy;
(7) Promote the conservation of potable and nonpotable water by
encouraging the preservation of existing plant communities, encouraging the planting
~. of natural or uncultivated areas, encouraging the use of site-specific plant materials;
encourage xeriscaping and use of native species;
(b) Sec. 23-16. Definitions.
Director means the city manager's
±.• appointee responsible for administering -
Tree Removal permits.
°~ Clear cutting means the clearing of trees, including stumps, from 50%
or more of a lot such that Staff is unable to determine with reasonable certainty the
number of protected trees removed. For Sec. 23-17 (g)(3)c purposes, the area used for
~" determination of fines shall be the total area of the lot that has been cleared and
drubbed (trees, underbrush, roots, etc. removed).
(c) Sec. 23-17. Applicability; removal of trees; minimum standards;
permits; mitigation; development; enforcement; violations and penalties.
(b)(2)(c) Any tree including andpublic protected tree, that poses
imminent danger to the public health, welfare or safety, and requires immediate
Ordinance 95-06-92 Page 1 of 3
AGENDA ITEM # 7B
JANUARY 8, 2007
removal without delay. In such instances, verbal authorization to remove ~~~~teett~
such tree may be given by the director.
(d)(1) Permits for site clearing and the removal or relocation of a
protected tree including andpublic protected tree in a right of way or easement by a
property owner, shall be obtained by filing an application. Approval of the application
by the tree conservation board and issuance of a permit by the director shall be
~, required prior to any land clearing or grubbing, prior to any disturbance of the root
system or site development, or prior to the occurrence of any changes to an existing
developed site. The site shall be inspected to insure compliance with the approved site
plan prior to any additional permits being issued. Application for site clearing and tree
removal or relocation shall include the following:
~* (d)(2) An application for a permit for the clearing, removal or
relocation of a protected tree shall be reviewed as designated in subsection (b)(1) above
and a decision shall be made thereon within fifteen (15) working days after receipt of
'~" such application or by agreement by both parties to a time frame. Any person,
organization, society, association, corporation or agent thereof who intends to trim,
prune, cut, disturb roots, or to destroy or remove any tree from any public easement,
public property or right-of--way shall obtain a permit from the ~reete-r board as
discussed in (1) above. All work shall be conducted in strict accordance with the
,~ National Arborist Association Pruning Standards for Shade Trees, the American
National Standards for Tree Care Operations (ANSI #Z133.1), and any additional
conditions of such permit. The city and its franchise agents are exempt from obtaining
~„ a permit to remove, trim, prune, cut, or disturb roots of any tree within a public
easement or right-of--way.
~. (e)(2) Protected trees identified for removal on the site clearing
or tree removal permit application shall be replaced with new-planted trees,
~anprctected trees or transplanted trees. In general, protected oaks removed shall be
replaced only with oaks. With tree board concurrence, hardwood trees yielding a
similar canopy may be used. The total caliper inches of replacement trees shall equal
one-half ('/z) the total caliper inches of protected trees removed, unless otherwise
""' approved by the tree conservation board. If multi-trunked trees are used as
replacement trees, then the total caliper of the four (4) largest trunks shall equal the
replacement caliper. New palms may be used only to replace protected palms
removed. No replacement will be required for protected trees which are determined by
the city to be dead or deteriorated as a result of age, insects, disease, fire, lightening or
other acts of nature.
(g)(3)c. If the site has been cleared and the trees have been removed
,,,, from the site so that the director is unable to determine with reasonable certainty the
number of protected trees removed in violation of this subpart [section], the violation
shall be corrected by paying a civil fine of up to ~~~ ~'~"~~'Q' ~8) five dollars ($5.00)
~• per square foot of land cleared, which fine shall be assessed by the code enforcement
+^~ Ordinance 95-06-92 Page 2 of 3
AGENDA ITEM # 7B
JANUARY 8, 2007
~r
board. The contributions and fines assessed under this subsection shall be payable to
the city immediately within seven (7) days after assessment. All amounts received by
~"' the city pursuant to this subsection shall be deposited in the tree replacement account.
No work shall continue on the site until the tree replanting plan has been approved or
the contribution and/or fine has been collected."
„~, SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida,
is hereby amended by adding a new section to be numbered Sec. 23-17(g)(3)d., which
section shall read as follows:
"(g)(3)d. After a notice of violation has been issued by the city
inspector, an additional reinspection fee of Fifty and 00/ 100 Dollars ($50.00) shall be
~. paid to the city before any work may begin again."
SECTION 3. This Ordinance shall take effect immediately upon its final passage
~"" and adoption and shall be recorded in a book kept and maintained by the Clerk of the
City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
Passed upon first reading and by the City Commission of the City of Atlantic Beach this
day of , 2007. Passed upon final reading and public hearing this
""~ day of , 2007.
DONALD M. WOLFSON
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST
DONNA BUSSEY
City Clerk
~* Ordinance 95-06-92 Page 3 of 3
AGENDA ITEM # 7B
JANUARY 8, 2007
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